MANJPRA GRAMA PANCHAYATH Vs. COCHIN CONTRACTORS

JUDGEMENT

(1.) THIS appeal is filed by respondents 1 and 2 in the Writ Petition challenging the judgment dated 7.3.2014 in W.P(C). No. 3078 of 2014, by which the learned Single Judge directed to consider the petitioner's application afresh.

(2.) THE facts involved in the Writ Petition disclose that the writ petitioner, who claims to be involved in the business of cleaning and supplying of construction materials, including M -sand, wanted to put up M -sand washing and processing unit. According to the first respondent, they entered into an agreement with Soma Enterprises Private Limited, who had undertaken the Kochi Metro Rail project, for supplying of 25000 metric tons of M -sand. The unit is being put up. Reference is made to the consent given by the Pollution Control Board to establish the unit. However, when the matter came up for consideration before the Panchayat, they have rejected the application for licence, hence, the petitioner approached this Court seeking for a direction to the Panchayat to consider and dispose of petitioner's application, Exhibit P5 and to direct the Panchayat to grant licence.

(3.) THE main argument raised by learned counsel for the appellants is based on the pollution that might be caused on account of the unit being functioning in the said locality. It is argued that merely because the writ petitioner has entered into an agreement with one of the contractors of Kochi Metro Rail project will not give there any right to establish an M -sand unit in the Panchayat, wherein the public at large are suffering from the existence of other metal crusher units. That apart, if one more unit is permitted in the locality, it will affect the health condition of the people and therefore, the Panchayat is unable to consider the writ petitioner's application afresh. On the other hand, learned counsel for the first respondent submits that the Panchayat, in the counter affidavit, has agreed to reconsider the application, if the Court issues such a direction and therefore, it was proper on the part of the Panchayat to have reconsidered the application. It is also argued that they have taken appropriate measures to abate the alleged pollution and the fined articles shall be taken away from the site and utilised for other purposes.